An ISO 9001:2015 Certified Firm
An ISO 9001:2015 Certified Firm
Indonesia is amongst the largest countries in South-East Asia. It is the only country in the region to be part of the G-20. It has the largest economy in the region and is classified as a newly industrialized nation. It is the 16th largest economy and the 7th largest in Purchasing Power Parity. While traditionally an agricultural economy, it has steadily become industrialized and thus the patenting requirements have been rising.
The central bank in the country is responsible for issuing its national currency, called rupiah. The financial system constitutes saving banks as well as commercial banks. The government’s credit and fiscal policies aim to provide the conditions for private incentives within the context of financial orthodoxy.
The Patent law in Indonesia is governed by The Patent Act (Law No. 13 of 2016) which has recently been amended by Omnibus Law enacted on March 21st , 2023. In addition to this basic Act, there are many other regulations which are in place that has to be complied with. We, at Khurana and Khurana provide all the patent registration-related services. The following are the procedural requirements and documents that we might need to help you with the registration of your Patent Application in Indonesia.
Directorate General of Intellectual Property (DGIP) is the apex body which is responsible for all legal and administrative matters relating to registration, assignment and licensing of a patent in Indonesia. Directorate of Patent, Integrated Circuit Layout Design and Trade Secret are the specialized bodies within the DGIP which look after the registration of patents in Indonesia. Some of the duties undertaken by DGIP which regard to patent administration are as follows:
There are two ways to apply for a patent in Indonesia:
1. Directly to the Directorate General of Intellectual Property (DGIP)
If there is a provisional application, then file within 12 months to secure the priority date.
2. Through the Patent Cooperation Treaty (PCT)
If there is an international application then one can apply to the DGIP and convert the application into an Indonesian patent application. This is called ‘entering the national phase’. The time limit for the PCT national phase entry in Indonesia is 31 months from the earliest date of priority and 12 months for the Direct Paris Route application. These terms can be extended for 3 months since the expiry of 31 months as of International Filing Date, filed with acceptable reason and additional fee, or extended for 12 months since the expiry of 31 months as of Priority Date, filed with acceptable reason and additional fee.
Once an application has been filed, it is followed by Publication. The publication period in Indonesia lasts for six months. After the publication stage has been passed, the application will proceed to examination provided the applicant has filed for the examination request.
Article 4 The Patent Act (Law No. 13 of 2016) enumerates what cannot be invention(s):
As per Article 9 of The Patent Act (Law No. 13 of 2016), Inventions which cannot be granted Patent include:
The following are the grounds on which the Patent Application might be rejected in Indonesia:
When a Patent is registered in Indonesia, the Patent holders get the following exclusive right:
The following documents are required to be filled mandatorily in Indonesia:
1. Patent Description;
2. Claim(s);
3. Abstract;
4. Invention Drawing(s) in PDF and Drawing(s) for Publication in JPG;
5. Oath or Declaration to indicate Ownership of Invention by Inventor;
6. Assignment of Ownership (if the inventor and Applicant are different persons or Applicant is a legal entity);
7. Power of Attorney (if Application is filed by a consultant);
8. Validation to indicate Micro and Small-sized Enterprises (if the Applicant is a Micro or Small Enterprise);
9. Deed of Establishment (if Applicant is an educational institution or government R&D agency);
10. Certified copy of the priority document (if filed by claiming priority right).
The application should be filed in Indonesian. However, if patent claims and descriptions are filed in English, it is permitted to submit the translation into Indonesian within one month from the filing date. If an application is filed by a person or legal entity other than the inventor, it is necessary to provide a scanned copy of the signed Assignment Deed between the applicant and the inventor. Power of Attorney, Statement of Ownership, and Assignment Deed from Inventor(s) to Applicant(s) can be submitted within 3 months of filing. The period can be extended for another 2 months on request and further for another one month with an additional fee.
The grounds on which a third party can oppose the grant of patent on the following grounds:
Standard Patents typically take 3-5 years from the date of filing, while Simple Patents can take up to two years to process. Standard patent applications are open to examination and opposition claims from any third parties for a period of six months after they are published in the Official Gazette (typically about 18 months from the date of filing). The inventor must formally request a substantive examination after this six-month term of publication (this must be done within 36 months of the date of filing). Simple patents are assessed after publication and published three months or more after the date of filing. Up to 12 months after this initial application has been submitted, applicants from Convention countries may assert the “priority date” of a preceding application filed in a member country.
The Patent Office is obligated by law to grant a Patent or to reject the Patent application within a statutory period of thirty months after the receipt date of the request for substantive examination if Substantive Examination is requested after publication ends or at the end of publication if Substantive Examination is requested before publication end. A Patent certificate will be issued and the invention shall be listed in the General Register of Patent. In case of rejection, the Patent Office shall send a notification of rejection to the applicant or his proxy. The applicant may file an appeal against the rejection to the Patent Appeal Commission not later than three months after receipt of the notice of rejection.
The first annuity must be paid no later than 6 months from the date of the patent grant. The first annuity payment will include the years from filing until granted plus one following year. The next annuity is to be paid no later than 1 month before the same date of the Filing Date within the protection period of the following year. If the annuity has not been paid until the specified period, the Patent is deemed to be invalidated.
